12 results for 'cat:"Burglary" AND cat:"Theft"'.
J. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: burglary, Evidence, theft
J. DeWine finds the appeals court erroneously overturned defendant's robbery convictions. Although only one of the victims had money taken from her when defendant set them up by posting a used car ad on a social media app, his use of a gun was sufficient to establish a threat of violence against both victims during the commission of his theft offense. Meanwhile, defendant forfeited his Brady claim related to evidence about the victim's Facebook searches to identify him prior to trial. Not not only did he fail to object or file a motion during trial when the Facebook photos were admitted into evidence, but his attorney was able to cross-examine each of the victims about the evidence. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 5, 2024, Case #: 2024-Ohio-749, Categories: burglary, theft
J. Baldwin finds the trial court properly imposed the maximum sentence following defendant's guilty plea on various charges because not only did the court make all required factual findings, but the sentence was within the statutory range and supported by defendant's lengthy criminal history, which began when he was eight years old. However, the trial court failed to make certain factual findings before it imposed violent offender specifications, and so the case will be remanded to allow for the proper analysis. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: January 31, 2024, Case #: 2024-Ohio-327, Categories: burglary, Sentencing, theft
J. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: burglary, Evidence, theft
J. Jacquot finds the trial court properly denied defendant’s motions for a judgment of acquittal (MJOA) on charges of first-degree burglary and aggravated first-degree theft. “A rational jury could reasonably infer from the facts and circumstantial evidence that defendant participated in the crimes and entered the victim’s house while doing so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: December 13, 2023, Case #: A177141, Categories: burglary, Evidence, theft
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J. Lagesen finds the post-conviction court properly denied relief to defendant who pled guilty to first-degree theft, burglary, felon in possession of a firearm and unauthorized use of a vehicle. “Petitioner’s trial counsel was not required to advise in 2018 about the possibility of the United States Supreme Court 2020 decision finding Oregon’s nonunanimous jury rule unconstitutional.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A178925, Categories: burglary, Firearms, theft
J. Christiansen Forster holds that the district court must revisit its $20,000 restitution order to establish if a homeowner's damages resulted from defendant's theft of his possessions. Defendant agreed to pay restitution for the burglary he pleaded guilty to, but he never admitted responsibility for property damages or losses. Vacated.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: November 24, 2023, Case #: 20220275-CA, Categories: burglary, theft, Restitution
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: burglary, Sentencing, theft
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: burglary, Sentencing, theft
[Consolidated.] J. Horton finds the trial court properly revoked defendant’s deferred adjudication of guilt and community supervision on his guilty plea convictions for burglary of a habitation and theft. Before revocation, the court declined to revoke, and modified the order requiring defendant to serve 90 days in jail in order to complete a treatment program. During this period, he violated further terms of his supervision and was sentenced to 20 years in prison. The court of appeals agrees with counsel’s conclusion that no arguable grounds exist to support the appeals. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-23-00023-CR, Categories: burglary, Sentencing, theft
Per curiam, the appellate division finds the trial court improperly convicted defendant of aggravated harassment and family offense. While the victim testified she was bitten on the arm by defendant, she sustained only a bruise without broken skin and there was no evidence of significant pain. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 21-00198, Categories: burglary, theft, Harassment
J. Tabor finds that defendant was properly convicted of theft and burglary after breaking into a series of storage units because the victim saw defendant enter the storage lot through a cut wire hole and later identified his stolen property in her van. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: July 26, 2023, Case #: 21-1879, Categories: burglary, Evidence, theft